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What Are My Rights After an Arrest in Palm Beach County?

You’ve heard this a million times on TV, to the point where you’ve
memorized every word. But now that you’re being handcuffed, placed
in the back of a police car and are hearing them directly from a law enforcement
officer, these same words could seem like a blur, devoid of clarity. Known
collectively as a “Miranda warning” (or “Miranda rights”),
they explain your rights after an arrest in generalities. But understanding
what they don’t clearly explain could prove far more valuable.

“You have the right to remain silent.” Your only obligation under state law is to reveal your name, date of birth
and address when asked by the arresting officer. In fact, chances are
that you were asked for this information before the arrest. So you do
have the right to not utter another word. The Fifth Amendment of the Constitution
protects you from self-incrimination. But that won’t stop an arresting
officer — or detectives at the police station — from asking
a slew of questions in an attempt to get you to talk. Why? Because…

“Anything you say can and will be used against you in a court of
law.” The more information police or investigators extract from you, the stronger
their case against you. After you are read your Miranda rights, you’re
going to jail. It’s important to remember this. It’s unlikely
that any amount of “sweet talking” or excessive cooperation
will change that. In fact, you could dig yourself into a pretty deep hole
if you try.

Let’s say you’re arrested on
drug charges and asked where you obtained them. Examples of questions you could be
asked include:

how much you purchased

how much they cost you

from whom you bought the drugs

if you’ve used, when and where

if you have more at home

Each question that you answer emboldens investigators to ask additional
questions. They’re not trying to make small talk. They want you
to tell them what they need in order to convict you. Answering such questions
also could lead to other charges. For example, if you admit that you have
more at home — and it’s over a certain amount — could lead to
drug trafficking charges. If you admit that you purchased the drugs in another state, federal
charges could come into play. Even though your original charge was
possession, simple answers to one or both of these questions could bring more serious
charges that carry lengthy and often mandatory prison sentences.

Police and investigators are allowed, by law, to trick you and lie to you,
in an attempt to extract incriminating evidence. For example, they could
say that the person who sold you the drugs confessed that he sold them
to you. They could tell you that if you cooperate, your charges could
be reduced, and you could get a lighter sentence. They are looking for
a reaction from you – something that will push the right buttons
to get you to open up. If you do, chances are the case against you will
be open and shut because you’ve incriminated yourself. You cannot
pretend you never made these statements by attempting to retract them.
The case against you just became solid.

“You have the right to talk to a lawyer and have him or her present
with you while you are being questioned.” It has already been established that you have the right to say nothing.
After the very first question, you must say, “I will not answer
any questions. I want an attorney.” Legally, investigators are required
to immediately stop further questioning. By asking for a lawyer, you have
exercised your right for counsel, and investigators must stop questioning
you. In this case there is no confession, and once you speak with your
lawyer, you might realize that you have far more options than investigators
led you to believe.

Your lawyer should insist on speaking on your behalf, and investigators
have no right to prevent this. And it will become apparent that anything
police told you — like a claim that you could receive a lighter
sentence if you answer their questions — was a lie. Police and investigators’
involvement in your arrest ends after you’ve been booked and evidence
of the case is gathered. They then turn your case over to prosecutors
and have little influence in the types of charges prosecutors will pursue,
much less any plea deal that you might be offered. Police will falsely
lead you to believe they have the power to make a “deal” with
you. They don’t. Don’t fall for this trick.

“If you cannot afford to hire a lawyer, one will be appointed to
represent you before any questioning, if you wish.” This is the most straightforward point. In lieu of a public defender,
you may opt to call a private criminal defense lawyer once you have been
released on bond, or prior to your bond hearing. There are many differences
between a public defender and a private criminal defense lawyer,
as we addressed in another blog. However, you are not entitled to a public defender until after you have
been arrested and not during an interrogation. Invoking your right to
an attorney only forces the police to stop questioning you.

“You can decide at any time to exercise these rights and not answer
any questions or make any statements.” If you remained silent throughout and didn’t incriminate yourself,
your attorney will have many options, and will have helped yourself beyond
words. Because a prosecutor often will seek specific charges only when
he or she believes you will be convicted beyond reasonable doubt, silence
benefits you. If you confess to anything, your
West Palm Beach criminal defense attorney still could negotiate with prosecutors for lesser charges, but the results
will probably be less favorable since they have a stronger case. It’s
important to remember that if you choose not to answer any questions or
make any statements after you’ve already done so, whatever you said
to that point still can be used against you.

Understanding and exercising your rights won’t necessarily prevent
the prosecution from seeking criminal charges. But given that your case
is among dozens — if not hundreds — that the prosecution will
handle in the months between your arrest and trial, it stands to reason
that they might prefer to aggressively pursue cases with more evidence
against the defendant. If you said nothing to police or investigators,
they will have to work a lot harder to obtain this evidence, and are more
likely to offer a plea deal, reduction in charges or even dismissal.

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The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.